HomeMy WebLinkAbout1984-076-04/24/1984-REGARDING A CONSTRUCTION AGREEMENT WITH THE FORT COLLINS MUNICIPAL RAILWAY SOCIETY RESOLUTION 84-76
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REGARDING A CONSTRUCTION AGREEMENT WITH THE
FORT COLLINS MUNICIPAL RAILWAY SOCIETY
WHEREAS, the City of Fort Collins entered into a CONSTRUCTION AGREE-
MENT on the 17th day of March, 1981 with the FORT COLLINS MUNICIPAL RAILWAY
SOCIETY, therein referred to as the "Society"; and
WHEREAS, the City has reviewed the work and performance of the Society
in performing its obligations under the Construction Agreement; and
WHEREAS, the City is willing to allow the Trolley Society to proceed
with work under the terms of the Construction Agreement under certain
conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
1. The Society shall be allowed to continue its performance under the
Construction Agreement entered into with the City on the 17th day
of March, 1981 only upon the following conditions:
a. The City shall strictly construe their requirement that the
Society shall not begin construction on any phase of the
project prior to receiving approval to proceed by the City.
No work shall progress unless all prior construction has
been inspected and approved.
b. The trolley car shall be completed and fully restored to a
safe operating condition not later than December 31, 1984.
c. Phases II and III of the Construction Agreement shall be
completed not later than December 31, 1984.
d. The electrical overhead wires shall be installed from the
trolley barn to the loading area in City Park not later than
December 31, 1984. The completeness of all work on Phases I,
II and III shall be demonstrated not later than December 31,
1984 by the safe operation of the trolley car on all completed
phases of the trolley track system.
2. No work shall be commenced on any portion of Phase IV, V or VI on
Mountain Avenue, including the removal of any trees, shrubs or
vegetation, until all work has been satisfactorily completed on
Phases I, II and III, the trolley car has been fully restored to a
fully operating condition, the overhead electrical wire has
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been installed and the trolley car has been demonstrated to
operate thereon. However, this limitation shall not preclude the
Society from removing trees or placing track or electrical struc-
tures east of Roosevelt necessary for the switch construction at
the Roosevelt and W. Mountain intersection.
3. The City Manager is authorized and encouraged to negotiate further
with the Trolley Society to explore and examine possible alternate
sites for the location of the trolley in an acceptable area within
the City.
4. Society shall grant a security interest to the City in all assets
of the Society to secure performance of the construction agreement.
5. Any agreement negotiated pursuant to this Resolution shall super-
sede all previous agreements and schedules adopted pursuant
thereto.
Passed and adopted at an adjourned meeting of the Council of the City
of fort Collins held this 24th day of April , A. D. 1984.
Mayor
ATTEST:
pity y C erc
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